weiss baltimore a $900,000 luxury condo, downtown san jose. now the loan is due. he says he can't sell the condo for what he paid. the condo is underwater. he wants the board to take ownership of the condo and sell it or lease it. taxpayers say it sound unfair. >> we can't just be like, yeah, we bought our house, and then, you know, we can't, the economy goes down. and we're like, okay, well take the house back. it's not right. >> yeah, definitely don't agree with that. >> the board expected to kid the matter tonight in closed session. we reached out to the board president but have not heard back. >>> top u.s. security officials are calling the killings at the u.s. consulate in libya last week a terrorist attack. but what remains under debate is whether that attack was planned or spontaneous. nbc's danielle lee has more on the tough questions from senators during the briefing on the state of u.s. security today. off awe s three of the top u.s. security officials called this scene last week, that deadly assault on the u.s. consulate in benghazi, libya, where four a